Litigation FAQ

While collaborative law and mediation proceed through an alternative dispute resolution process, litigation refers to those cases that are or may be proceeding through the traditional court process.

There are some clients who consult with us who require the traditional court process to initiate a proceeding or they may already be proceeding with the traditional court process because they have been served with court documents and require the advice and assistance of an attorney.

A client seeking a consultation for litigation may feel intimidated by the traditional court process and they require an attorney to protect their interests while navigating them through the process. Because litigation is not always by choice, clients can become fearful that the costs and levels of conflict can escalate during the traditional court process; however, this is not always true, as clients do have choices that they can make even in the traditional court process known as litigation.

Litigation is a traditional court process differing from collaborative law and mediation, which proceed through an alternative dispute resolution process. Litigation can be chosen by a client because of a high degree of conflict surrounding the details of the case or the need to engage in extensive discovery (the collection of information and documents), but many litigated cases can and do end up in a resolution of the matters. The litigated cases that end up in settlement do so with the assistance of attorneys who are trained in dispute resolution and who utilize techniques and experience toward resolution by working cooperatively with opposing counsel and their clients to settle all conflict by mutual agreement.

It is helpful to hire an attorney who is not only trained in litigation, but who is also trained in alternative dispute resolution techniques such as collaborative law and mediation as they can utilize this experience, skill and training to help the client navigate through conflict and focus on resolution, even if the case is proceeding through the traditional court process of litigation.

Often the intervention of the court is the only way for someone to proceed toward a final resolution of their issues, but litigation does not always have to be your first choice. When you schedule an appointment to meet with an attorney at the Law Office of Helen Allen, we will give you the information necessary for you to determine the process that is right for your circumstances. We will explain the alternative dispute resolution processes of collaborative law and mediation, as well as the traditional court process of litigation, and the various methods by which a resolution can be reached through the utilization of one or more of the processes. A consultation addresses not only the issues and circumstances attendant to your case, but also your concerns, needs and goals for the outcome of your case.

Collaborative law and mediation are confidential processes which take place outside of the traditional courtroom setting, prior to the court approving the final agreement resolving the parties’ issues. Litigation takes place in a courtroom, which is open to the public, and unless a global settlement of the issues is reached by the parties, all matters that are left unresolved are decided by a judge, leaving the parties with very little control over the process or the outcome.

Attorney Helen Allen is trained in collaborative law and mediation, and she has extensive experience in litigation. Together with her alternative dispute resolution training and her litigation experience, Helen has been successful in assisting clients in reaching global resolutions without the necessity of a trial during the litigation process, thereby giving the parties more control over the process and the outcome. Litigation does not always mean that the parties and the attorneys are uncooperative with one another and cannot resolve their case without the intervention of the court. Most often, this is achieved with an attorney who has not only litigation experience, but who also has training in alternative dispute resolution processes.

If your case is already involved in litigation and you have determined that litigation may not be the proper course for your matter to proceed, you should discuss this change with your attorney in order to assess not only your needs going forward, but also your options for changing the course of your proceedings. A client can always choose to change the course of their case and choose litigation during the alternative dispute resolution processes of collaborative law and mediation. Likewise, if a client is involved in litigation, they can usually discuss alternative dispute resolution processes in an effort to remove the conflict from the complete control of the court in an attempt to resolve any remaining issues between the parties.

The costs of collaborative law and mediation can be less expensive than litigation, in that you have less control over the costs associated with litigation. At the Law Office of Helen Allen, we determine the amount of a retainer based upon the type and merits of your case, the complexity of the issues, and the services that you may require along the road toward resolving your case. The cost of litigation is also contingent upon what is required to represent your best interests in court, how we may need to proceed in responding to the other party or the court, and what the status of your case is when you retain our office.

It is important for you to know that the tone of your case may dictate the length of the proceedings and that we are unable to give you a definitive time frame as to how long it may take to resolve your case. If your case follows along the path of alternative dispute resolutions and does not proceed through the litigation process, your case may come to a complete and final resolution of all of the issues through mutual agreement. Through collaborative law or mediation, there is no necessity for court intervention, which can be a quicker process as the parties establish the schedule by which the case will proceed. If your case is emotionally charged and contested, the traditional court process can take a longer period of time, as the court will establish the timing of your case.

During your consultation with one of our attorneys, we will tailor your consultation to meet your specific needs. We take time to hear your goals, needs and desired outcome, and then we share with you our opinions on how to best achieve those goals, meet those needs and obtain your desired outcome. We also answer and address any questions or concerns that you may have regarding your case and how you may wish to proceed.